The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1887-07-09
BaIIdOsIng a Grand Jury.

the ueiense presented the foll0w-
ing demurrer; which was over.
ruled:
"That the indictment IN this
case against them is not an indict.
ment found aud returned into
court in the manner required by
the constitution and laws of this
State, in this. Presently, after
the jury, empanneled, sworn and
charged at the present term of the
said court, to inquire into and con.
cerning the alleged crime with
which the defendants are falsely
charged, had retired to consider
OF the same, one Robert N. Miller,
the district attorney of this, the
Ninth judicial district, did go into
the room occupied by the said
grand jury, without lawful author.
ity so to do, and did preside over
its deliberations or at the same or
as an adjunct thereof, and did
then and there so continue to be
from hour to hour and from time
to time during their session had
IN this behalf, and did then and
there without lawful authority col.
lect, arrange and present for their
consideration, and without their
direction or request, certain so.
called dispositions of witnesses
examined on the application of de.
PENDANTS for the writ of habeas
corpus to the Hon. E. G. Peyton,
Chancellor, for their consideration
and action, and did then and there
advise, persuade aud coerce them
to consider the same, without the
said witnesses being called to tes-
tify, as the law requires, and with.
out the said supposed depositions
having been read over to and ap-
proved and signed by said suppo.
sed witnesses, or otherwise caused
to be produced to the said grand
jury any evidence against the said
Eubanks, certified to be true, and
did not then and there cause to be
handed to the said grand jury the
like dispositions of all the witnes.
ses examined before the said
Chancellor, the same being Of
equal verify, he then and there,
we'll knowing that most, if not all
of said witnesses were easily in
reach Of the process OF this court
and could be orally examined, and
Intentionally excluding from those
called sundry eye witnesses of the
transactions to him we'll known
and did then and there continually
persistently and unlawfully attend
the sessions of the grand jury, and
without being thereto required by
them, and did without lawful au
thority assume and exercise the
office and function Of examining
and did examine the few wit
nesses, most of whom we're MOI
eye witnesses of the transaction
so called by his direction as afore
said, and did argue and discuss
before and in the presence ant
hearing Of the said grand jury, ant
after they had declined to compl,
with his wishes by vote and In fac
ignored q bill of indictment, til,
necessity for finding the said in
dictment, and did urge and insis
on the same continuously, and vi
to the time the final vote was takel
as to the finding vote of the same
and did not retire until the fna
vote was taken, but remained il
the jury room constraining thei
action, and was present at an,
during the taking ofsaid final vote
and did then and there, and afte
the said grand jury had by vote re
fused and failed to find an indict
ment, nt,constitute himself unlawful,
a part of the said grand jury, an,
did persuade and direct the sal,
grand jury as to their so calle,
imperative duty in view Of the re
cent decision of the Chancellor Of
defendants said application, t
find said indictment, saying i
substance among other things; u
you fail to indict you cannot fac
public opinion, when you go on
of this room and everybody wi
think you have been bribed,' an
by his presence and active person
al efforts did cajole. intimidate an
oyerawe the said grand jury, an
} did unlawfully coerce, advise an
J bring about the finding of said ii
: dictment, after the said grand jur
had failed to respond to his sal
unlawful appeals, without whic
. said clamorous and unlawful col
: duct the said indictment nevf
! would have been found and retu
Q ned, which they are ready to yer
! fy; where they now pray that th
i same be Quashed.
When this statement was rea
Mr.. Miller arose and said thI
: there was much of the statement